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Moira Penza

👤 Person
275 total appearances

Appearances Over Time

Podcast Appearances

20/20
Bad Rap: Prosecutors Go for the Big Fish

And then in terms of cross-examination, just, again, tell victims to tell the truth, to answer questions posed by the defense attorney the same way they're answering questions by the prosecutor. And, you know, we talk about what to expect. We would talk about you're going to see text messages saying that you loved him. And just try and take away as much of the surprise element as you can.

20/20
Bad Rap: Prosecutors Go for the Big Fish

And then in terms of cross-examination, just, again, tell victims to tell the truth, to answer questions posed by the defense attorney the same way they're answering questions by the prosecutor. And, you know, we talk about what to expect. We would talk about you're going to see text messages saying that you loved him. And just try and take away as much of the surprise element as you can.

20/20
Bad Rap: Prosecutors Go for the Big Fish

No problem. Thanks for having me.

20/20
Bad Rap: Prosecutors Go for the Big Fish

No problem. Thanks for having me.

20/20
Bad Rap: Prosecutors Go for the Big Fish

No problem. Thanks for having me.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

Well, I think the prosecution is being very methodical. They are trying to elicit testimony that is really going to meet the elements of the crimes. And so where they have salacious details, I think they are keeping it narrowly focused on what they actually are going to need to prove. And I think that's the right approach for the government. I also think the defense is doing a good job as well.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

Well, I think the prosecution is being very methodical. They are trying to elicit testimony that is really going to meet the elements of the crimes. And so where they have salacious details, I think they are keeping it narrowly focused on what they actually are going to need to prove. And I think that's the right approach for the government. I also think the defense is doing a good job as well.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

I think that they have an uphill battle because there is so much evidence here. We have pictures. We have a lot of corroboration. We have video. But what's standing out to me from the defense side is that they're really not defending the indefensible.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

I think that they have an uphill battle because there is so much evidence here. We have pictures. We have a lot of corroboration. We have video. But what's standing out to me from the defense side is that they're really not defending the indefensible.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

So they're taking responsibility for things that they know they have to take responsibility for, like the fact that the defendant engaged in domestic violence. It's on tape. So by standing up and taking responsibility for that on the defendant's behalf... That's preserving their credibility with the jury so that they can actually make other arguments about the law.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

So they're taking responsibility for things that they know they have to take responsibility for, like the fact that the defendant engaged in domestic violence. It's on tape. So by standing up and taking responsibility for that on the defendant's behalf... That's preserving their credibility with the jury so that they can actually make other arguments about the law.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

I also thought the defense was smart to not be overly aggressive with Ms. Ventura. We've seen defense attorneys make that mistake. in other sex crimes prosecutions. And I think what they were trying to do is just allow the messages to speak for themselves. So regardless of what Ms. Ventura may have said on any occasion or what the text messages say,

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

I also thought the defense was smart to not be overly aggressive with Ms. Ventura. We've seen defense attorneys make that mistake. in other sex crimes prosecutions. And I think what they were trying to do is just allow the messages to speak for themselves. So regardless of what Ms. Ventura may have said on any occasion or what the text messages say,

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

to the extent the jury is going to be persuaded by those messages, that's enough. They don't need to be standing up there attacking Ms. Ventura, who's eight and a half months pregnant and was clearly the victim of crimes, even if, according to the defense, not sex trafficking or racketeering.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

to the extent the jury is going to be persuaded by those messages, that's enough. They don't need to be standing up there attacking Ms. Ventura, who's eight and a half months pregnant and was clearly the victim of crimes, even if, according to the defense, not sex trafficking or racketeering.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

Well, I'm a former prosecutor and I've prosecuted very similar crimes back when I was at the Eastern District of New York. And what we've seen is that the government has really laid out a strong case. of the elements of sex trafficking. I think we've also seen them lay out a strong case for the RICO conspiracy charges as well.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

Well, I'm a former prosecutor and I've prosecuted very similar crimes back when I was at the Eastern District of New York. And what we've seen is that the government has really laid out a strong case. of the elements of sex trafficking. I think we've also seen them lay out a strong case for the RICO conspiracy charges as well.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

But talking about the sex trafficking first, the most important things for the government to prove there is that there was commercial sex that was compelled through forced fraud or coercion. And so in this case, we have very clear commercial sex. So commercial sex is any time there is sex exchanged for a thing of value.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

But talking about the sex trafficking first, the most important things for the government to prove there is that there was commercial sex that was compelled through forced fraud or coercion. And so in this case, we have very clear commercial sex. So commercial sex is any time there is sex exchanged for a thing of value.

Bad Rap: The Case Against Diddy
The Trial: Prosecutors Go for the Big Fish

In a lot of sex trafficking prosecutions we've seen recently against high-profile individuals, we're not talking about an actual exchange of sex for money as one might traditionally think about sex trafficking. For example, in the Harvey Weinstein cases, you're talking about an exchange of sex for a position in the entertainment industry.